Mississippi Criminal and Family Law Blog

The Kombucha Defense for Mississippi DUIs

Published on: July 2, 2024 | by Vic Carmody Jr., P.A.

Alcohol isn’t the only substance that can raise your BAC level. All kinds of other beverages, foods, and medications may also trigger a BAC reading – even if you never consumed any alcohol. In certain situations, this can lead to a false positive BAC result and serious consequences. One example is kombucha, a fermented beverage that could create the impression that you are intoxicated. But is the “kombucha defense” really viable? How do you prove that your BAC result was triggered by fermented foods and not alcohol? These are questions you can ask one of our lawyers during your consultation.

Why Kombucha Can Trigger Positive BAC Results

To be clear, the average person would need to drink an excessive amount of kombucha to trigger a BAC result even close to normal illegal levels. The average bottle of kombucha contains less than 0.5% alcohol, making it roughly 10 times less powerful than a bottle of beer. However, various factors could make a problematic BAC result more likely after drinking kombucha.

Social Media Usage Can Lead to Criminal Charges

Published on: June 28, 2024 | by Vic Carmody Jr., P.A.

There is no question that social media outlets, like Facebook, Twitter, or Snapchat, play a major role in our everyday lives. People use social media to keep up with friends, post pictures, videos, and stay on top of current events. Social media plays such an important role in our lives, that it has become a central player in some of the most recent happenings around the world. However, without a doubt, social media can also be a force used for good.

Did you know that social media can also be used as a tool by law enforcement to investigate and ultimately bring criminal charges against people? Social media posts and even private messages regularly end up being used in criminal cases as evidence against an offender. Everything that is posted on social media or even words and phrases searched on your computer are subject to being found by law enforcement and being used against you in a court of law.

Here are a few examples of charges that typically arise from social media:

Why Are Youth Courts Confidential?

Published on: June 25, 2024 | by Vic Carmody Jr., P.A.

Youth court, often referred to as juvenile court, plays a crucial role in the justice system by handling cases involving minors. A pivotal aspect of youth court is its commitment to confidentiality. This principle ensures that the records and proceedings involving minors are kept private, which is fundamental for several reasons. In this blog, we’ll explore why confidentiality in youth court is essential and how it is maintained.

Why is Confidentiality in Youth Court Important?

Protecting the Minor’s Identity: Youths involved in legal issues are often at a vulnerable stage in their lives. Confidentiality protects their identity, shielding them from potential stigma and the long-term negative consequences that public exposure might bring. This protection is crucial for their reintegration into society as productive and responsible citizens.

Types of Family Violence in Mississippi

Published on: June 4, 2024 | by Vic Carmody Jr., P.A.

Domestic violence is a serious offense in Mississippi. If you are accused of this crime, it is important to understand your rights. More importantly, it is crucial that you understand exactly how these alleged crimes are handled in the state of Mississippi. There are many types of crimes that may be classified as domestic violence, and penalties may vary as a result. An obvious first step is to book a consultation with a criminal defense attorney and determine how best to proceed based on your unique situation.

While there are many types of family violence in Mississippi, they all involve crimes committed against members of your household or your family. This might include:

Your current spouse

Divorce and Desertion in Mississippi

Published on: May 28, 2024 | by Vic Carmody Jr., P.A.

Divorce can be a challenging process, fraught with emotions and legal complexities. In Mississippi, like in many other states, divorce can be granted on various grounds, one of which is desertion. Desertion is a significant issue that affects many marriages, and understanding how it applies within the legal framework of Mississippi is crucial for those navigating this difficult situation.

Grounds for Divorce Based on Desertion

In Mississippi, desertion is one of the grounds for divorce. Desertion occurs when one spouse abandons the marital relationship without cause and without the consent or permission of the other spouse. It is important to note that desertion can be either actual or constructive.

Converting Your Firearm to a Machine Gun in Mississippi: Understand the Penalties

Published on: May 24, 2024 | by Vic Carmody Jr., P.A.

Fully automatic weapons are generally reserved for military personnel in the United States, and any civilian caught with a machine gun faces serious consequences. Due to the rise in 3D printing and other gun manufacturing technologies, it is now easier than ever to “upgrade” a semi-automatic firearm to a fully automatic gun. Machine gun conversion devices – known by law enforcement officials as “MCDs” – are becoming increasingly common in Mississippi. On the street, they are known as “auto sears,” “chips,” or “switches.” In 2021, the ATF reported a 570% increase in MCD seizures. What happens if you are caught with an auto sear in Mississippi?

Mississippi US Attorney Warns that MCDs are Flooding the Streets

In May of 2024, US Attorney Todd Gee warned that the authorities in Mississippi were seeing a dramatic increase in MCDs. This warning came directly after a defendant pleaded guilty to the possession of a machine gun. He had been arrested after a high-speed chase that reached speeds of 120 miles per hour, and police found two fully automatic Glock pistols on his person after finally catching him. The authorities were pursuing the man because he had previously filmed himself firing his fully automatic machine pistol out of the same vehicle. He faces up to 10 years in prison for possession of a machine gun.

Jackson Announces New “Carjacking Task Force”

Published on: May 21, 2024 | by Vic Carmody Jr., P.A.

Authorities in Jackson are attempting to crack down on carjackings with a new task force. With this new development, it is likely that more suspects will be apprehended by police and charged with felonies. If you are facing carjacking charges in Mississippi, it is important to review potential defense strategies alongside a carjacking defense lawyer in Jackson. With help from legal professionals, you can push back against excessive penalties.

Department of Justice Announced New Carjacking Task Force in Jackson

In April of 2024, the Mississippi Department of Justice announced the formation of an official “carjacking task force” in the Jackson metro area. US Attorney Todd Gee explained:

The Power Move Everyone Should Make: Why You Need a Prenup

Published on: May 17, 2024 | by Vic Carmody Jr., P.A.

In the realm of romance, talk of prenuptial agreements often carries a stigma. Some view them as cynical, even suggesting they cast a shadow of doubt over the marriage. However, the reality is quite different. Prenups are powerful tools that can strengthen relationships, protect individuals, and foster open communication. Here’s why everyone should seriously consider getting a prenup before tying the knot.

Protecting Assets

One of the most obvious reasons for a prenup is asset protection. Whether you’re entering a marriage with substantial wealth, a business, or even just personal assets you want to safeguard, a prenuptial agreement can outline how these assets will be divided in case of divorce. It’s not about planning for failure, but about ensuring that both parties enter the marriage with clarity and security.

Multiple High-Ranking Mississippi Officials Face DUI Offenses

Published on: May 14, 2024 | by Vic Carmody Jr., P.A.

As with all States, everyone is equal under the law in Mississippi. This includes not only average motorists but also Councilwomen, sheriffs, and other officials. In the past few weeks, many of these officials have been charged with DUI-related offenses, proving that no one gets special treatment. These defendants arguably face more serious consequences than average motorists due to the high-profile nature of their jobs. A single DUI offense can be enough to end a political or law-enforcement career. What can you do if you face a DUI charge in Mississippi?

Wayne County Sheriff Arrested for DUI and Reckless Driving

On March 11, 2024, it was reported that a former Wayne County Sheriff had been arrested on suspicion of drunk driving and reckless driving. Although this individual had previously retired from the force back in 2023, it is unlikely that he will ever return. The individual was spotted driving in what police say was a “reckless fashion” in Waynesboro. Police then pulled him over and concluded that he was driving under the influence.

What Happens When You Shoot at Officers During a Pursuit?

Published on: May 10, 2024 | by Vic Carmody Jr., P.A.

Many suspects exchange fire with police officers during pursuits in Mississippi. To some extent, it makes sense to shoot back at someone who is firing at you. However, things are very different if the person shooting at you is a police officer. The normal principles of self-defense may no longer apply in this situation, and you may face serious consequences for exchanging fire with the law. What can you do if you find yourself in this situation? How can you defend yourself from criminal consequences in the most effective way possible?

Man From Jackson Gets 10 Years for Shooting at Officers During Pursuit

In March of 2024, the Justice Department announced that a Jackson man had been sentenced to 10 years behind bars for his conduct during a high-speed pursuit. In 2021, the defendant refused to pull over when approached by officers with the Clinton Police Department – sparking what the Justice Department described as a “high-speed pursuit.” During this pursuit – which veered straight through the City of Jackson – the defendant fired numerous rounds at officers on his tail.